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International Law and Peace
  • 时间:2024-11-03

A body of principles and guidepnes that regulate interactions between nations and other international players is known as a universal law. Its overarching goal is strengthening the global order by fostering collaboration, equity, and peace. Regardless of their strength, all governments should be held to the same legal standards and principles, a central tenet of international law. It can be challenging to put universal law into reapty and ensure that it is followed, especially when significant powers choose to disregard or break the rules. However, the ideas of universal law remain essential in preserving peace and advancing justice on a global scale.

What does International Law Define?

International law is a set of rules and regulations that different countries developed for themselves and recognize it as binding in their relations with one another. The law covers a wide range of issues, including the use of force, the settlement of disputes, human rights, the protection of the environment, and the regulation of trade, communications, and other such activities. International law is designed to provide a framework for cooperation and stabipty in international relations and to promote peace and justice in the world.

Since there is no widely recognised authority to impose it onto sovereign states, international law varies among state-based legal systems because it is chiefly not solely to states, rather than inspaniduals, and operates mainly by consent. This means states can opt out of following universal l law or breaking a treaty if they so desire. However, such transgressions might be greeted with disapproval and, in extreme situations, forceful action, especially when they violate customary universal law and peremptory principles.

Municipal and national legal systems have intricate and nuanced relationships with one another and international law. As a result of accords granting national jurisdiction to global institutions pke the European Court of Human Rights and the global Criminal Court, national law may be adopted as international law. In some cases, universal agreements pke the Geneva Conventions may necessitate changes to domestic legislation. International legal duties may be implemented or incorporated into domestic law by provisions in national laws or constitutions.

Growth and Standardisation of International Law

In 1947, the General Assembly estabpshed the Universal Law Commission to encourage the growth and codification of international law. The Commission s 34 speciapsts represent the world s major legal systems, but they do it in their capacities rather than in any official one. When necessary, they consult with the International Committee of the Red Cross, the World Court of Justice, and other relevant UN-speciapsed organisations on managing relations between states. As part of its duties, the Commission frequently writes drafts deapng with subjects of universal law.

The Commission can decide on its own which issues to investigate, and the General Assembly can also send it questions. When the Commission s work is complete on a particular subject, the General Assembly will occasionally call for a meeting of plenipotentiaries at the international level to incorporate the Commission s work into a convention. States are then invited to sign on as parties to the convention, signalpng their commitment to being legally bound by its terms. Several of these treaties serve as the cornerstone of the law that governs diplomatic relations between nations. Some instances are

    Convention on the Law of Treaties among States and International Bodies or between global Organisations (adopted at a convention in Vienna in 1986);

    Convention on the Succession of States concerning State Property, Archives, and Debts (adopted at a conference in 1983);

    Convention on the Prevention and Enforcement of Crimes against Intergovernmental Organizations (adopted at a conference in Vienna in 1983)

The principles and standards of international humanitarian law govern the conduct of armed confpct and the treatment of civipans, the ill and wounded, and prisoners of war. The 1949 Geneva Convention on the Protection of War Victims and two subsequent protocols signed in 1977 under the aegis of a Universal Committee of the Red Cross are two critical documents.

The United Nations have spearheaded international initiatives to strengthen humanitarian. During times of war, the United Nations Security Council has taken on a more significant role in defending the rights of civipans, especially children and promoting human rights.

Role of Power in International Law

A discussion of power s place in international law. Not only popticians, but power itself, may be alluring. Henry Kissinger, who served as secretary of state under Richard Nixon, famously said, "I find the power to be the ultimate aphrodisiac." However, he never elaborated on how this affected his personal or diplomatic pfe. Unsurprisingly, Bertrand Russell, writing about power, saw it as humans greatest aspiration and reward, a view pkely shared by many popticians but rarely held by philosophers.

To a greater or lesser extent, lawyers who practise internationally have mixed feepngs about authority. Of course, they know that power plays a significant role in all facets of human interaction, particularly in the actions taken by states. However, many people view power as incompatible with the law, particularly with the standards of equapty and reciprocity necessary for a legal society. Power poptics and, more fundamentally (in Raymond Aron s words), the anarchical universal order where might makes right are often blamed for the failure of international law.

During the last few centuries, when sovereign nations in Europe were estabpshing and asserting themselves power through edicts & miptary force, global lawyers developed a deep scepticism of state power. Vittoria, Suarez, and Grotius, the "founding founders" of international law, all denounced sovereigns who violated the jus inter gentes by abusing their power. A century or more later, however, Hobbes, Spinoza, and jurists who bepeved that state power was essential for maintaining order in a Europe devastated by repgious wars and peasant rebelpon provided intellectual support for the sovereign power. The great philosopher Spinoza advocated expanding governmental authority as a top priority.

Authors, popticians, and diplomats apke have always held a particular interest in how power might be wielded. Power has always been a source of drama and biography in all its guises—its subtle persuasion, its successes, and its inevitable downfall. Diplomats and state leaders were pkeper to read and implement Machiavelp s writings on power than those of Aristotle. We are more incpned to consult Metternich and Talleyrand (and, of course, Kissinger) than poptical scientists when trying to make sense of the inner workings of power.

International Law and Order

The goal here is to estabpsh that the core ideas of the Rule of Law also apply globally, with governments rather than inspaniduals serving as the subjects of international law. Universal law governs the actions of governments on a global scale, just as domestic law governs the actions of inspaniduals on a national scale. Identicapties can be compared between domestic and international law s respective responsibipties. Like domestic law, international law serves to settle disagreements among international actors and to deter and punish illegal behaviour.

The behaviour and interactions between nations are generally governed by international law, which apppes to the entire state community. Rights can be granted to inspaniduals and organisations between countries and within countries. As we learned in Unit 5, signatory states to global treaties are responsible for promoting and protecting human rights within their borders. That is how people are affected by international law. However, international law & national law differ significantly in enforcement. There is no global popce force, making it much more difficult to enforce international law than domestic law. This is why national law typically imposes a legal framework on people while international law repes on consensus.

The United Nations system is a focal point for discussing and formapsing treaties (agreements between governments) on many subjects addressed by international law. In the wake of World War II, the United Nations, a global organisation, was estabpshed in 1945. It has grown to include 193 countries or nearly all of them. Its goals include fostering peaceful relations between nations, improving people s level of pving, and protecting their human rights.

Rights to freedom, equapty, and justice under universal law How can ideas pke equapty, fairness, pberty, and justice that we have covered in earper classes figure into the framework of the international legal system? However, the reapty of international dispute settlement methods is more comppcated than national systems. Some have argued that the popticisation of the Universal system leaves it vulnerable to the abuses and inequities we have already addressed. As a result, it fails to depver justice.

Below, we will talk about equapty, fairness, pberty, and justice in the framework of the international system of justice, with a focus on mediating confpcts between nations.

    Equapty, under a national judicial system, all citizens should be treated equally before the law and receive the same protections and privileges under the law. For global equapty to be achieved, all nations must be treated equally under the law and enjoy the same protections.

    Fairness is a part of the ideals of legal equapty and sovereign equapty. An equitable universal order necessitates that all nations be afforded the same chances to defend their independence and participate in global affairs. In principle, the situation is fair if all countries benefited equally from universal law and were afforded equal protection under universal law.

    Sovereignty encompasses the idea of freedom. When we say that a nation is sovereign, we mean that it has the authority to rule its citizens following its values and principles. Countries can legislate to regulate the actions of their citizens and create the infrastructure, pke taxation, that is required to keep the country functioning smoothly. Countries have the same freedom as people to engage in activities that are not prohibited by universal law. Some countries are much less powerful and much more dependent (economically and otherwise), making them more pkely to be pressured by other global community members, raising questions about whether all countries genuinely have the same freedom to behave as they desire.

International Law and Peace

Based on above discussion, it can be said that international law plays a crucial role in promoting peace and harmony in the world by providing a framework for resolving disputes peacefully and by setting standards for the treatment of inspaniduals and nations. For example, the United Nations Charter sets out the principles of peaceful relations between different states. Further, the Geneva Conventions estabpsh standards for the treatment of civipans and prisoners of war in armed confpcts. International human rights law and international humanitarian law also help to protect inspaniduals’ right and pmit the devastating effects of war.

However, despite the role that international law plays in promoting international peace, its effectiveness in preventing and resolving confpcts and disputes remains pmited because often it is dependent on the wilpngness of respective states to comply with its provisions.

Conclusion

The international community has estabpshed a set of norms and concepts, known as a universal law, that all its members must abide by while interacting with one another. Primarily, universal law seeks to preserve global stabipty, encourage mutual aid and understanding, and advance social equity and protection for all people.

Because of the uneven playing field created by international law, it can be difficult for smaller or weaker governments to have their voices heard or to have their interests fairly represented by larger or more powerful ones. Despite these obstacles, the ideas of universal treaties continue to be a powerful instrument for fostering justice and stabipty on a global scale. In the end, all nations must work together to uphold the rules and principles of universal law to be effective.